Women’s Justice
The violation of women’s fundamental rights through physical, mental,
emotional, and sexual violence against women has become almost
commonplace in the Indian context.
Violence against women has taken
particularly acute forms in circumstances where populations are already
marginalized, such as in areas affected by armed conflict, areas
undergoing mass displacement. Women in the Tribal belts and amongst
Dalit populations are already vulnerable, and become even more so in
areas affected by conflict. There is therefore a pressing need for the
judiciary to recognize and address the particular forms of violence
levied against women who are ‘doubly marginalised’ by caste, class,
religion, or in situations conflict. Customary routinely laws
discriminate against women, both by denying justice to victims of
violence and by dispossessing women from their shares in land and
property. A number of laws that protect women from discrimination have
also either inadequate, or have not been properly implemented. HRLN has
been intimately connected with the women’s movement for over two
decades. The Women’s Justice Initiative (WJI) is our national network of
lawyers and social activists, using the law to oppose all forms of
gender-based discrimination and violence against women and to increase
women's access to the justice system as a vital means to their
empowerment.
What We Do?
The framework of ‘women’s justice’ involves not only the prevention of
specific forms of violence and discrimination against women, but also
encompasses all other human rights, including the right to food and
health; disability, housing labour rights; dalit/ tribal/ adivasi
rights; environmental justice; criminal justice, etc. With this holistic
vision of equality and gender justice, WJI works directly with poor and
marginalized women as well as through legal education, advocacy and
policy analysis to continue the struggle for women's rights.
In order to achieve our objectives, the WJI adopts a multi-pronged
strategy to deal with the various facets of women’s rights violations.
The WJI engages in strategic litigation through PILs in the High Courts
and the Supreme Court for systematic changes as well as the
implementation of policy and women’s rights laws. Through legal aid and
counseling we provide women with representation women in cases including
divorce, domestic violence, matrimonial remedies, guardianship,
custody, adoption, property rights, sexual harassment, etc. The WJI is
also active in opposing bail of the accused in cases of violence against
women, particularly in cases of rape, dowry harassment, domestic
violence, and acid-attacks. Lawyers working with the WJI provide legal
counseling to women at various women’s crime cells, and to women
prisoners. We provide legal expertise as member of several committees,
including as members of several sexual harassment complaint committees
across the country. The WJI also runs a number of helplines throughout
the country that provide legal counseling as well as some and
psychosocial support to women.
WJI responds to situations of crisis through emergency dispatch of
legal teams for support in crisis-affected zones, through investigative
missions and through legal fact-findings, which often become the basis
for further litigation to address severe women’s rights violations. We
also consistently monitor and review the implementation of laws and
policies related to women.
Through legal education and training for social activists, mahila
panchayats, police personnel, lawyers, law students, paralegals, etc.,
we work to integrate women’s issues into the general discourse on
justice and human rights. Judicial colloquia and legal consultations is a
crucial aspect of our work, to sensitize judges and strategize the
development of women’s rights law in India. The WJI also supports
campaigns to influence public opinion, policies and legislation in
support of a violence-free society for women. A core operational element
of the WJI is the degree to which the team works in solidarity with
other organizations. As such, WJI has nurtured deep partnerships with
grassroots women’s NGOs, supporting them in the collective struggle to
address the public denial of women’s rights.
Issues Of Concern
- Rape and sexual assault
- Domestic violence
- Sexual harassment in the workplace and in educational institutions
- Matrimonial disputes, custody, divorce
- Women’s property and inheritance rights
- Reproductive and sexual health rights of women/ adolescent girls
- Pre-birth sex-selection and elimination of female foetuses
- Trafficking for commercial sexual exploitation, domestic work, marriage, etc.
- Child marriage
- Child Sexual Abuse
- Witch hunting
- Acid attacks
- ‘Honour’ based crimes against women/ ‘honour killings’
- Equal employment opportunities for women and labour rights.
- Rights of doubly marginalized sections of women like HIV+ women, dalit and tribal women, women prisoners, lesbians, bisexuals, disabled women.
- Any other gender based discrimination/exploitation
Major Impacts
The WJI is combating the various facets of violence against women
through the legal system. In a precedent-setting verdict on a case of an
acid-attack, brought by WJI lawyers to the Karnataka High Court, the
court created legal history by treating the throwing of acid as an
attempt to murder (rather than an attempt to cause grievous injury) and
imposed a life sentence on the perpetrator, ensuring that cases of
acid-throwing attract stricter punishment, without bail. In a remarkable
judgment, Somaru Patel vs. State, for the first time in judicial
history, the court awarded a life sentence under Section 6 of the
Immoral Traffic (Prevention) Act, 1956 for the forceful detention of
women for prostitution. In another historic case filed in the Delhi High
Court, Shramjivi Mahila Samittee vs. State and Others, the court
directed the petitioner to form guidelines for placement agencies for
domestic workers, which were drafted by the WJI and submitted to the
court for implementation.
HRLN is at the forefront on litigation on women’s issues across the
country, playing a pivotal role in implementing the guidelines given by
the Supreme Court on sexual harassment. The case of Shivani Thakur Vs.
State of Punjab, filed by HRLN’s unit in Chandigarh, received an order
that resulted in the State of Punjab instituting sexual harassment
grievance committees in all its departments. HRLN’s landmark PIL in the
Supreme Court, in the case of Medha Kotwal Lele Vs. Union of India
received orders mandating only a single enquiry in cases of sexual
harassment to curb the victimization of the complainant. The WJI has
also made history by bringing reproductive rights into the ambit of
legally enforceable rights through a number of landmark cases and PILs.
The WJI is particularly active in circumstances of extreme violation of
women and has used the legal system to ensure rights and provide
substantive reliefs in such cases. For example, in a writ petition filed
in West Bengal against a shelter home where a woman was refused entry
due to her HIV positive status, XY Vs Union Of India, the court directed
the directorate of Social Welfare to clarify what steps have been taken
to establish more shelter homes for positive woman.
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